I.A No. 36699/2026 in Criminal Appeal No. 854/2024 and I.A No. 36747/2026 in Criminal Appeal No. 862/2024

1. These interlocutory applications for grant of suspension of sentence have been filed in the criminal appeals challenging the judgment dated 18.10.2022 passed by the High Court of Madras, in Crl.A No. 36/2022, whereby the appellants' appeal against the order of the Sessions Judge (Fast Track Mahila Court), Krishnagiri District dated 28.12.2021 was dismissed.

2. The appellants faced trial in connection with a crime registered pursuant to FIR No. 425/2016 dated 10.09.2016 lodged with P.S. Sulagiri, District Krishnagiri in respect of the offences punishable under Section 304B of the Indian Penal Code (IPC), as regards the appellants in Criminal Appeal No. 862/2024 herein, and under Sections 304B read with 109 of the IPC as regards the appellants in Criminal Appeal No. 854/2024 herein. Section 498A of the IPC was added as regards the appellants in Criminal Appeal No. 862/2024 subsequently.

3. By judgment dated 28.12.2021 in Sessions Case No. 95/2019, the Sessions Judge, Fast Track Mahila Court, Krishnagiri, convicted the appellants in Criminal Appeal No. 854/2024 herein of the offences under Sections 304B read with 109 of the IPC and awarded a sentence of ten years of rigorous imprisonment for the offences under Sections 304B read with 109 of the IPC. The Sessions Judge, Fast Track Mahila Court, Krishnagiri also convicted the appellants in Criminal Appeal No. 862/2024 of the offences under Sections 304B and 498A of the IPC and awarded a sentence of two years rigorous imprisonment and a fine of Rs. 3,000/- (Rupees Three Thousand Only), in default to undergo six months imprisonment in respect of the offence under Section 498A and awarded a sentence of ten years rigorous imprisonment in respect of the offence under Section 304B of the IPC.

4. The appellants being aggrieved by the order of conviction passed by the trial court, filed Crl.A. No. 36/2022 before the High Court of Madras. The High Court, by the impugned order dated 18.10.2022, dismissed the appeal filed by the appellants seeking to set aside the order of conviction passed by the trial court.

5. This Court, by order dated 04.12.2023, issued notice in both the criminal appeals. During the pendency of Criminal Appeal No. 854/2024 and Criminal Appeal No. 862/2024, the instant interlocutory applications bearing I.A No. 36699/2026 in Criminal Appeal No. 854/2024 and I.A No. 36747/2026 in Criminal Appeal No. 862/2026 have been preferred by the respective appellants seeking suspension of sentence during the pendency of the criminal appeals before this Court.

6. We have heard learned counsel for the appellants and learned counsel for the State and perused the material on record.

7. Learned counsel for the appellants (who are accused no.4 and accused no.2 respectively in these appeals) submitted that these appellants are women who have also been convicted by the Sessions Court; that they have been in jail for four years three months and eight days as actual term but with remission they have completed five years, which is more than 50% of the sentence imposed on them. These appellants have a good case on merits. This Court has granted leave on 09.02.2024 for consideration of the appeals on merits and the final hearing of these appeals may take considerable time. In the circumstances, this Court may consider suspension of sentence and grant of bail to the applicants, who are women.

8. Per contra, learned counsel for the respondent/State submitted that although the leave has been granted but having regard to the conviction by the Sessions Court which has been affirmed by the High Court, the appellants may not be entitled to any relief at this stage and possibly this Court may notify the appeals for final hearing and hence the applications may be dismissed.

9. Considering the facts on record, in our view, the case for suspension of sentence is made out.

10. We, therefore, allow these applications and direct as under:

"The appellants shall be produced before the concerned trial Court as early as possible and the trial Court shall release them on bail, subject to such conditions as it may deem appropriate."

11. The appellants shall appear before the concerned Court as and when directed to do so.

12. It is directed that the appellants shall extend complete cooperation in the hearing of the appeals before this Court. The appellants shall not misuse their liberty in any manner.

13. Any infraction of the conditions may entail cancellation of the suspension of sentence granted to the appellants.

14. With these observations, the interlocutory applications are allowed.